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Termination of employment; what is a dismissal?

Posted by Fair Work Legal Advice

· Wednesday, November 11th, 2020

It is surprising how many legally recognized variations on a dismissal there are in employment law; for example, constructive dismissal,…

Dismissal by e-mail not a good look

Posted by Fair Work Legal Advice

· Tuesday, September 15th, 2020

Although the Fair Work Act requires an employer to provide an employee with written notice of the day of termination…

General protections process where constructive dismissal is alleged

Posted by Fair Work Legal Advice

· Friday, June 26th, 2020

I have been intrigued for some time now whether the concept of constructive dismissal has any role to play in…

Unfair dismissal; what is a dismissal?

Posted by Fair Work Legal Advice

· Tuesday, June 23rd, 2020

The following extract from a Fair Work Commission unfair dismissal case sets out the legal principles which must be made…

Dismissals under the WA fair work system

Posted by Fair Work Legal Advice

· Monday, February 17th, 2020

“It is clear that for the purposes of the Commission’s unfair dismissal jurisdiction, a “dismissal” can be constituted by the…

Casual employees; has there been a dismissal?

Posted by Fair Work Legal Advice

· Thursday, November 28th, 2019

It is reasonably common for an employer of casual employees to claim in an unfair dismissal case in the Fair…

The effect of a dismissal during notice of resignation

Posted by Fair Work Legal Advice

· Friday, January 5th, 2018

It is not uncommon for an employee to give notice of resignation under an employment contract, or even pursuant to…

Unfair dismissal; what is a dismissal?

Posted by Fair Work Legal Advice

· Monday, September 11th, 2017

What is a dismissal for an unfair dismissal case? “Accordingly, the general legal principles to be applied in this case…

Tick tock; when does a dismissal take place?

Posted by Fair Work Legal Advice

· Friday, August 18th, 2017

For the dismissal of an employee to be capable of having legal effect, certain formalities need to be observed. This…

Dismissal by text will almost always be an unfair dismissal

Posted by Fair Work Legal Advice

· Wednesday, December 21st, 2016

“However, Mr Hain was notified of his dismissal and summarily dismissed by text message. I do not accept that a…

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